GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 979
     

 
Short Title:	Use Litter Penalties/Cleanup & Enforcement.	()	
Sponsors:	Senators Allran;  Carpenter, Forrester, Foxx, and Garwood.	
Referred to:	Judiciary I.	
April 5, 2001

A BILL TO BE ENTITLED
AN ACT to create the infraction of littering and to provide for a referendum to amend the north carolina constitution to provide that penalties collected for litter infractions shall be used for the enforcement of litter laws and to clean up litter.

The General Assembly of North Carolina enacts:
SECTION 1.  Article 52 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-399.3.  Littering:  infraction.
(a)	The following definitions apply in this section:
(1)	Aircraft. – A motor vehicle or other vehicle that is used or designed to fly, but does not include a parachute or any other device used primarily as safety equipment.
(2)	Commercial purposes. – Litter is discarded for commercial purposes if it is discarded by a business, a corporation, an association, a partnership, a sole proprietorship, or any other entity conducting business for economic gain, or by an employee or agent of the entity.
(3)	Law enforcement officer. – Any officer of the North Carolina Highway Patrol, the State Bureau of Investigation, the Division of Motor Vehicles of the Department of Transportation, a county sheriff's department, a municipal law enforcement department, a law enforcement department of any other political subdivision, or the North Carolina Wildlife Resources Commission. In addition, and solely for the purposes of this section, "law enforcement officer" means any employee of a county or municipality designated by the county or municipality as a litter enforcement officer; and wildlife protectors as defined in G.S. 113-128(9).
(4)	Litter. – Any garbage, rubbish, trash, refuse, can, bottle, box, container, wrapper, paper, paper product, tire, appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility, dead animal, or discarded material in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. "Litter" does not include political pamphlets, handbills, religious tracts, newspapers, and other such printed materials the unsolicited distribution of which is protected by the United States Constitution or the North Carolina Constitution.(5)	Vehicle. – Has the same meaning as in G.S. 20-4.01(49).
(6)	Watercraft. – Any boat or vessel used for transportation across the water.
(b)	No person shall intentionally or recklessly throw, scatter, spill, or place, or intentionally or recklessly cause to be blown, scattered, spilled, thrown, or placed, or otherwise dispose of any litter upon any public property or private property not owned by the person within this State or in the waters of this State including any public highway, public park, lake, river, ocean, beach, campground, forestland, recreational area, trailer park, highway, road, street, or alley except:
(1)	When the property is designated by the State or a political subdivision for the disposal of garbage and refuse, and the person is authorized to use the property for this purpose; or
(2)	Into a litter receptacle in a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of the private or public property or waters.
(c)	If litter is blown, scattered, spilled, thrown, or placed from a vehicle or watercraft, that is prima facie evidence of a litter violation. The citation for a litter violation shall be issued as follows:
(1)	The law enforcement officer shall make a reasonable effort to determine who committed the violation and shall issue the citation for littering to that person.
(2)	If the law enforcement officer is unable to determine who committed the violation as provided by subdivision (1) of this subsection, and in all other circumstances, it shall be presumed that the operator of the vehicle or watercraft is responsible for the violation, and the citation shall be issued to the operator.
(d)	Any person who violates this section in an amount not exceeding 15 pounds and not for commercial purposes has committed an infraction and shall pay a penalty of fifty dollars ($50.00). Responsibility for an infraction under this subsection has no consequence other than payment of a penalty. In addition, the court may require the violator to perform community service of not less than four hours nor more than 12 hours. The community service required shall be to pick up litter if feasible and, if not feasible, to perform other labor commensurate with the offense committed.
(e)	Any person who violates this section in an amount exceeding 15 pounds but not exceeding 500 pounds and not for commercial purposes has committed an infraction and shall pay a penalty of one hundred dollars ($100.00). In addition, the court may require the violator to perform community service of not less than 12 hours nor more than 24 hours. The community service required shall be to pick up litter if feasible and, if not feasible, to perform other community service commensurate with the offense committed.
(f)	A person found responsible for a violation of this subsection shall not be assessed court costs. No drivers license points or insurance surcharge shall be assessed on account of violation of this subsection.
(g)	It is the duty of all law enforcement officers to enforce the provisions of this section.
(h)	This section does not limit the authority of any State or local agency to enforce other laws, rules, or ordinances relating to litter or solid waste management."
SECTION 2.  Section 7 of Article IX of the North Carolina Constitution reads as rewritten:
"Sec. 7. County school fund.
Except as provided in Section 6 of Article XIV of the North Carolina Constitution, all moneys, stocks, bonds, and other property belonging to a county school fund, and the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal laws of the State, shall belong to and remain in the several counties, and shall be faithfully appropriated and used exclusively for maintaining free public schools."
SECTION 3.  Article XIV of the North Carolina Constitution is amended by adding a new section to read:
"Sec. 6. Litter penalties.
The clear proceeds of all penalties collected for litter infractions committed on or after July 1, 2003, shall belong to and remain in the several counties to be used as follows:  fifty percent (50%) of the clear proceeds shall be used exclusively by law enforcement to enforce the litter laws, and fifty percent (50%) of the clear proceeds shall be used exclusively to clean up litter."
SECTION 4.  The amendments set out in Section 2 and Section 3 of this act shall be submitted to the qualified voters of the State at the general election in November 2002, which election shall be conducted under the laws then governing elections in the State.  Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes.  The question to be used in the voting systems and ballots shall be:
"[ ] FOR   [ ] AGAINST
Constitutional amendment providing that the clear proceeds of all penalties for litter infractions committed on or after July 1, 2003, shall belong to the several counties to be used as follows:  fifty percent by law enforcement to enforce the litter laws and fifty percent for cleaning up litter."
SECTION 5.  If a majority of the votes cast on the question are in favor of the amendments set out in Section 2 and Section 3 of this act, the State Board of Elections shall certify the amendments to the Secretary of State.  The constitutional amendments in Section 2 and Section 3 of this act shall become effective July 1, 2003.  The Secretary of State shall enroll the amendments so certified among the permanent records of that office.
SECTION 6.  Section 1 of this act becomes effective only if the constitutional amendments proposed by Section 2 and Section 3 of this act are approved as provided by Section 4 and Section 5 of this act; and if so approved, Section 1 of this act becomes effective December 1, 2002.
 SECTION 7.  This act is effective when it becomes law.